davidaulloa/AmericanStories huggingface dataset:
West Virginia argus. [volume] (Kingwood, W. Va.) 1877-1946, 1887-07-21
A Pernrlnn aMhlsillnr Inr. ,,

Tulane museum, New Orleans. pos
sesscs a Peruvian 'whistling Jug" which
dates from the Incas. 10 resembles two
squatty, hattcncd bottles connected by n
bar between the nccks and below by a
pipe one inch and half in diameter One
ends above with an open brandy bottle
mouth and the other in the form of a
wotcsque human head The only hole
in the latter is a small orifce at the back
Of the head On pouring water into the
open mouth till both jugs arc filed above
the level Of the connecting tube the air
remaining in the closed side is forced out
at the small orifcc, and striking the thin
plate between the two openings, pro
duccs q clear shrill whistle BY tipping
the half filled vessel boo various directions
various sounds are emitted some Of the
most startling weird character Chto0ql
N.,rs
West Virginia argus. [volume] (Kingwood, W. Va.) 1877-1946, 1887-07-21
vITHTHE SEASONS.

Well know the reasons
Sorrow shifts with seasons:
In the downward year l would fain be brave.
Tears these eyes remember
In the mid November
Far, far away the rain is on the grave
Dark the clouds are driven
Low above the even:
Winters winds amoan Fain would I b,
brave
Pain is dumbly lying
On this heart Of sighing-
Far, far away the snow is on the grave.
Bud and blossoms, breaking
In the years awakening.
Make the Maytime sweet. Let me now be
brave
Something softens sorrow,
Tears IL viii not borrow
Tar, far away the sun Is on the grave.
"A. w. Beila,c, ia Detroit Free Press.
West Virginia argus. [volume] (Kingwood, W. Va.) 1877-1946, 1887-07-21
FARM AND GARDEN.
narrowing Corn.

With the slsnting tooth hauows all the
small weeds may be destroyed in corn
until the plants are six or eight inches
high, and without pulling up enough to
damage the crop. This plan is better
adapted TO corn in drills than i'm hills
1t is generally drilled too thickly, SO that
the occasional pulling up of stalk by a
ag-tooth makes the crop better II the
field is soddy or stony, and the corn bc
planted in hills, it is possible thct an en-
tire hill may be taken and this would
leave too wide vacancy ON either side.
But the adjoining hills would ear better.
so there would be little loss of grain even
in such case.
West Virginia argus. [volume] (Kingwood, W. Va.) 1877-1946, 1887-07-21

Some plants, like the fuchsia. prefer
leaf mould 10 any other soil YOU can give
them but | do not have any difficulty in
growing most kinds Of plants in a com
post, which is generally more convenient
TO get at than genuine leaf mould is II
is my practice 10 mix turfy loam-which
get by turning over sod in old pastures.
and shaving of that part of it which Is full
of the tibrous roots OF tlc grass garden
mould and manure preferably that from
yard whore cows have been kcpt-well
together, and add sand, as ! pot my
plants, putting i'm more or less. according
20 the strength Of the roots ON the plant |
am potting Incorporation is about one
third each Of turfy matter, loan and
manure. Sm0llrootcd plants will do
better in "A soil made quito light with
sand than they will i'm "a close and heavy
one, while roses require but little sand
in the soil they grow in, ms their roots
are strong.
1t is necessary that the manure used
should be well rottcd. That which is
fresh is not good for plants, and would
sooner 20 without any than to nso it.
That which is a year old will be so dc
composed as to crumblc apart readily,
and that is the kind 90 use.
Most amateurs do not seem 10 consider
it worth while TO pay much attention 10
the item Of sand but they ought TO do
so if they would grow plants well on,
COUHtyY Home.
West Virginia argus. [volume] (Kingwood, W. Va.) 1877-1946, 1887-07-21

ing the soil il it is at all poor with well.
deCayed manure After having put the
pconics in the places they are to beautiGy.
give each clump thorough Watering,
which will give them Il god start in life.
-tmdteur Gardener.
West Virginia argus. [volume] (Kingwood, W. Va.) 1877-1946, 1887-07-21
MUSIC AND DRAMA =.

Mas JENNIE PALMER HEANKs, Of Detroit,
has written a comic opera
MADAME CHRISTINE NILSSON Is expected n
sing iu this country next season IN concert
Her price is supposed 10 be e., 800 a concert.
THE LITTLE SINNER Is tho title of n new
five act comedy drama which Mr. Howard II.
Taylor has just finished writing for Maggie
Mhohell
MISS CARFgv CAMPBELL. an American
violinist, has been astonishing the Germans
with her magnificent playing She promises
20 excel CamiN aDrsO.
MR. AU0UsTy DAILY. OF New York. pro
poses 70 present the Tanning Of the Shrew'
in London next summer boo way that will
equal the representation given iu this cOun-
Try by Mr. Henry Irving
JANIS r VOORHEgs q son of the Indiana
senator, is writing play which be expects
o. have finished and ready Tor production this
talI The piece viii deal with some of the OK.
isting conditions Of the labor question.
Carl RosA's English Opera Company will
include Mime Marie B0ze Mrs Burns Messrr
kuurio, CrOtty and Savage Among the
works tn this years repertoire viii bo
'Iohcngrin, NOrdisa, 'Masauolo and
Masses "Galathoe'
MASTER JosEpH HorFMAy, the wonderful
young pianist. made such n success iu Lon
don that he will return ~ fu further engage
ments there this fall and again next spring.
making q tour Of the Eugl.sh provinces be-
tween his metropolitan engagement
Henry ST. Kepler, Of MiddletowDe
Md found p turtle on bis farm the
other day, and on the shell Of the turtlr
was cut &C. s., 1901" Mr.. Keple,
looked over some old papers, and find,
ing that in 1856 the farm was decided
70 Casper Shoaf, is confident that the
lotters and date were cut on the shou
W yoars aRo.
Washington husband 0o wife. who IL
10 give p grand BALL care the arrange
ments completodW Wife with a sigh
Of satisfact on eyes. even 10 the ord,r
ing Of the police from the station
house It'd Bits"
West Virginia argus. [volume] (Kingwood, W. Va.) 1877-1946, 1887-07-21

The British Dairy Farmers Association
is going TO establish dairy schools which
shall train students in the art of making
dairy products, and, SC possible, pay iis
way in selling cheese and butter made
from purchased milk
The Hawaiian gazette., 1887-11-29

enjoyed by the tenant during the
term; if, therefore, he be deprived
of it, the obligation to pay ceases.
"The rule is otherwise where a
part is recovered by title paramount
to the lessons for, in that case he is
not so far considered in fault,as that it
should deprive him of a return for
the part remaining.
The law therefore directs an APP
portionment of the rent
In the case before US there was no
eviction by title paramount or by the
landlord-of the lessee from his pos
session, but the lessee failed to OBJ
tain possession of all that was de-
missed.
In Neale VS.. Mackenzie l NJ. &
W., TAG, a lessee of one hundred
acres of land accepted the lease and
entered upon the land. Upon his
entry he found eight acres in the
possession of another person entitled
under prior lease from the lessor,
and that person kept possession of
the eight acres until a half years
rent became due, and excluded
the lessee from the enjoyment
during that period, the lessee con-
tinuing in possession of the re-
mainder.-Held, that the latter de-
mise was wholly void as to the eight
acres and that the rent was not APP
portionable, and that the lessor was
not entitled to restrain for the whole
rent or any part of it.
In the case below the Justice APP
portioned the rent. The action is for
rent as such, and on the principle
above adopted it cannot be MAIN
tanned. The proper remedy is an
action for use and occupation for the
part of which defendant had posses
sion.
Judgment for defendant.
w. c. Achi for Plaintiff; Smith
and Kinney for Defendant.
Honolulu, November II, 1887.
The Hawaiian gazette., 1887-11-29

JUDD c. j., M'CULLY j., PRESTON j., BICKERToN
J.J., (FoRNANDER j. ABSENT
The Hawaiian gazette., 1887-11-29

Supreme Court of the Hawaiian ISL
ands--In Banco. October Term, 1887.
OLEPAU, AULIKE AND u. PAAKIKI
HER HUSBAND, VS.. RAHAPA AND
KAHIoNA HER HUSBAND, LoNo-
HTwA, ]. X. KAUNAMANo, AND
THE HoNoKAA SUGAR COMPANY.
The Hawaiian gazette., 1887-11-29
Supreme Court OF the Hawaiian ISL
ands--October Term, 1887.
S. KAALE VS.. PETERo.

JUDD c. j., M'cULLY j., PRESTON j., BICKERToN
w., (FoRNANDER j. ABsENT.)
Opinion Of tie Court pei, JUDD CT.
This case comes up on points of
law from the Intermediary Court.
The facts found by the Justice are
as follows:
"The plaintiff originally leased
the whole of the Sea Fishery of iIeeia
to defendant for one year from Janu-
airy 1, A. d, 1885, at $500 per year,
but portion of the fishery was then
under lease to another party unbe-
known to defendant at the time,
said lease expiring in April 1885,
another part was reserved by the
plaintiff for himself-but defendant
occupied and used the balance of the
demised premises under said lease
for four months and then occupied
the whole for the fourth and fifth
MONTHS"
The Court below, on these findings
of fact, gave judgment for $780,
taking off S25, from PLAINTIFFS claim
by reason of the fact that a part of
the premises demised was under
lease to another.
BY THE CoURT:-We think the
judgment was erroneous and should
have been for the defendant. If the
landlord cannot put the lessee into
possession of all the land he con-
tracted to give, the latter is under
no obligation to accept the residue,
but will be justified in abandoning
the entire premises. " Yet if he pre-
fers to occupy them, but does not
obtain possession of all he hired he
is liable on a Q,tdlt,tnl nleruit for the
part occupied" Taylor Landlord
and Tenant S177.
In Lawrence VS.. French %, Wend.
40, the Court said that it was a
familiar rule of law, that if the land
lord enter wrongfully upon, or pre-
vent the tenant from the enjoyment
of part of the demised premises. it
suspends the whole rent, until pos
session is restored. His title is found
ed upon this, that the land leased is
The Hawaiian gazette., 1887-11-29

of the purchase money is PAID by
one, and the whole title is taken by
the other, resulting trust pro tdntO
may, in like manner, under some
circumstances, be created.
MCGOWAN VS.. MCGOWAN IA Gray
121.
Case VS.. Codding IS Cal. 191.
But in such cases it must be
shown that the part of the purchase
money paid by him in whose favor
the resulting trust is sought to be
enforced, was paid for some speci-
fic part or distinct interest in the
estate. Id. also Baker VS.. Vining
80 Me. 121.
To apply these principles to the
case at bar.
The plaintiffs testimony is to the eff
feet that Olepau paid $175, Kaiaokioki
S20,and Papaike $50. All these names
appear in the patent as grantees of
the Government. They hold the
legal title and are presumably
tenants in common, each entitled to
an undivided third.
This is not the case, like those
cited, of the name of the persen adj
vancing the purchase money not
appearing in the conveyance. The
legal title is in these three parties.
1t seems to us that we might
hold, upon the evidence that the
Government land agent refused to
let Olepau take a patent for so large
a piece of land as 225 acres to him
self alone and that thereupon he
procured Kaiaokioki and Papaike to
join with him in the patent, that
this rebutted the presumption that
might arise that a trust resulted in
favor of Olepau to the extent of his
advance. 1t is certainly clear that
it was the intention that all the
patentees should have some benefi-
cial interest as well as the legal in
terest in the land.
We can find no case in the books
exactly parallel, probably because it
has not been the policy of other
governments to grant a patent of
public lands to more than one per-
son.
But we are of opinion that no
resulting trust, as contended for,
was created in this case, on the I'M
assailable ground that the testimony
does not show that when these par
ties contributed towards the purchase
money they agreed that each should
take an aliquot part of the land in
proportion to the sums advanced by
each. In other words, the mere
fact that each of three purchasers
contributed unequally to the pur-
chase money does not of itself and
without other proof, create a result
ing trust in those holding the legal
title in favor of another paying the
larger part of the purchase money
in proportion to the amount paid by
him.
We are also impressed with the
want of equity in this case, con-
sidering that it was twenty-nine
years ago that this purchase was
made. Kaiaokioki and Papaike are
both dead and are not here to dis
prove Olepau. "Courts will not en-
force resulting trust after a great
lapse of time, OF laches on the part
Of the supposed cestmj que trust" 1
Perry Z al. Courts ought to dis
such claims after so long
an interval of time.
We are of opinion that the decree
appealed from, which orders a par
-ition of the estate in the proportion
Of thirds should be sustained.
And it is so ordered.
w. G. Achi for plaintiffs; Smith
4 Kinney for defendants.
Dated Honolulu, Nov. lIth 1887. |
The Hawaiian gazette., 1887-11-29

BEFORE JUDD, c. j., M'CULLY, PRESTON AND
BICKERIoN J. j., tFoRNANDER ]. ABsENT.)
g1n,,so,, IL No,,,-t -. TT-nn n
The Hawaiian gazette., 1887-11-29

CHLORODYNE is the only palliative in Men
Tagia Rheumatism Gout, Cancer, Toothache
Meningitis, &c.
The Hawaiian gazette., 1887-11-29
Assets jan l, 1887, $5,O55,s4s.4 Is.

the ssslaolished an agency at Honoin, -
pared ~ aeen, STANDS, the undersigned 80,
Nesebsgnddifsss ps risks against fire on Buii lss
favorable terms sure, Machinery on tie 100
payable here oases promptly adjusted ana
liz an "Sis' g. % BERnEn -
agent Tor the Hawaiian Tsiends
The Hawaiian gazette., 1887-11-29
HAWAIIAN
Electrical Works
To the Citizens of the Hawaiian
Islands:

The Undersigned has Established an Eiectri-
cal Supply Store and Repair Shop
in the NICHOLS BLOCK Fort Street. above
Hotel, Honolulu, where will be kept in stock, a
full line of ELECTRICAL GOODS.
such as Medical Batteries, Telegraph and Tele-
phone Instruments, Call Bells Anunciators,
Burglar Alarm Supplies, Dynamo Electric Ma
chimes and Lamps. for both Are and Incandes-
cent Plants also, DynamOs and Motors, for the
transmission of either steam water power to
any distance not exceeding 20 miles from the
prime motor. Contracts taken for Complete
Pumping Plants, Call Bell Systems, ETC.. etc.
Repairing Promptly Executed Sole Agent for
the San Francisco Tool Companys Single Acting
Engines. The Best and Cheapest Engines extant,
for genera purposes. Anyone can run them
Can also furnish, at manufacturers prices.
Lathes. planners, Shapers. Drill Presses Laffel
and Pelton Water Wheels-in fact, any Machine
made III the United States, at very short notice
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1887-11-18
STEAMER MOKOLu.

tMcGregor, Commander),
Leaves for the following ports every alternate
Monday at p. m:
maIo, Pukoo, Lahaina, O1owalu. Returning to
Lahaina, Pukoo, Kamalo, Kaunakakai. Arriving
at Honolulu Saturday a. m.
Commencing May 9th-To Kaunakakai, Lanai,
Kamalo, Pukoo, Halawa, Wailau, Pelekunu,
Kalaupapa. Returning to PukoO, Lahaina, Olo-
Arriving at Honolulu Saturday a. m.
NN- The Company will not be responsible for
any freight or packages unless roceipted for, nor
for personal baggage unless plainly marked. Not
responsible for money or jewelry unless placed In
barge of the Purser.
All possible will be taken of Live Stock, but
the Company viii not assume any risk of accident
SAM'L q. WILDER, President.
s. B. ROSE, Secretary.
OFFICE-Corner Fort and Queen streets.
65-Iy Mar 80
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1887-11-18
The Risdon
Iron & Locomotive Works,

Corner of Beal and Howard Streets,
SAN FRANCISCO. CALIFORNIA
W. b. TAYLOR. ACKNOWLEDGEMENTS. President
BUILDERS OF STEAM MACHINERY, IN ALL
ID it's branches; Steamboat Steamship, Land
Engines and Boilers, High Pressure or Com
pound.
STEAM VESSELS of all kinds built complete
with bulls of wood, iron composite.
ORDINARY ENGINES compounded when adj
visables
STEAM LAUNCHES, Barges and Steam Tugs con-
structed with reference to the trade in which
they to be employed. Speed, tonnage and
draft of water guaranteed.
SUGAR MILLS and Sugar Making Machinery
made after the most approved plans. Also, all
Boiler Iron Work connected herewith.
WATER PIPE, of Boiler or Sheet Iron, of any
size, made in suitable lengths for connecting
together, or Sheets Rolled, Punched and Packed
for shipment, ready to be riveted on the
ground.
HYDRAULIC RIVETING, Boiler Work and
Water Pipes made by this establishment, riv.
eted by hydraulic riVeting machinery, that
quality Of work being far superior to hand
Work.
SHIP WORK, Ship and Steam Capstans, Steam
Winches, Air and Circulating Pumps, made
sfter the most approved plansl
SOLE AGENTS and manufacturers for the Pa.
cifc Coast of the Heme Safety Boiler.
PUMPS-Direct Acting Pumps for irrigation
city works purposes, built with the celebrated
Davy Valve Motion. superior to any other
pump.
j. N. 3. WILLIAMS. "donoAuIu
Room 40. 8. upstairs, Spreckels Block.
65ImarI2d&Wtf Agent for Hawaiian Islands.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1887-11-18
WILDER'S STEAMSHIP CO.,
Limited.
STEAMER KINAU,

Ouching at Lahaina, Maalaea, Maizena,, MANU-.
kona KawaIhae Laupahoehoe. Hilo and KeauhOu:
Commencing MONDAY, July rs, 1885, and
on every alternate Monday at p. M, the Kinau
will make the VOLCANO TRIP, reaching Keau-
hou on Wednesday morning, where horses and
carriages are in waiting to convey passengers to
the VOLCANO HOUSE give miles in the saddle
and nine miles by carrage).
Passengers by this route will have two days
and two nights at the VOLCANO HOUSE.
TICKETS FOR THE ROUND TRIP TO THE
VOLCANO, FIFTY DOLLARS, WHICH PAYS
ALL CHARGES.
The Kinau will arrive In Honolulu Sunday
mornings Volcano trips. On Hilo trips, vii
leave Honolulu Tuesdays, and return Saturday
morning.
PASSENGER TRAINS viii connect with the
Kinau ut MahukOna
The Kinau WILL TOUCH at HonOkaia and
Paauhau on down trips from Hilo for Passengers
If signal is made from the shore.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1887-11-18
NOTICE

CAPT. W. COOK, HAVING CHARTERED THE
| ! steam launch Montague, is now prepared to
do any work entrusted to him, such as convey
ing freight on board any of the ships-of-war in
mort or will go to Pearl River, Waianae, Waikiki
or Diamond Head with excursionists.
Orders by telephone or otherwise promptly at
tended to.
Agencies at Pacific Navigation Co.'s Office and
at Yates & McKenzies', Fort street. If
Clarksville weekly chronicle. (Clarksville, Tenn.) 1873-1890, 1887-01-22
The Right of Supervision.
fAYalnnche.l

The adoption by the Senate of the re-
port of the conferrees on thesinter-state
commerce bill is the first time that any
distinct and emphatic assertion OF the
right OF the United States Government
to exercise control over the railroads
has ever been made. In that lies the
real importance of the action OF the
forty-five Senators on Friday. That
important pointonce decided the man.
ner in which such control shall be ex-
ercised becomes mere matter OF
detail. 1t was against the policy
rather than the bill, that thirteen
votes were cast. The great railroad
monopolists of the country have in
sisted upon their untrammeled right to
control their own property. Claiming
the exercise of right of eminent do
main under their charter seals, they
have still argued that they stood in the
light of private citizens, and that to
regulate and restrict them by law
would be as great an. usurpation as to
attempt to fix the price merchant
should receive for his goods. They
have employed tho most powerful
minds in Congress as their attorneys
and have filled the lobbies with their
paid agents, first stuffing their pockets
with jingling gold. They have OBJ
tained immense grants OF public lands
subsidies and privileges, and these in
hand have chafed at the bare hint O
control. The long and short hau
clause, the pooling feat re Of the bill
may be wrong; it may have tendency
to wreck rather than to encourage rail
road building. These are things tina
can be indisputably settled by expert
ment. In the meantime the great cen
tral issue has been made and the peo
pie have won. The passage Of the bill
means that the Government may exer
else control over its railroads as ovel
other public servants.
Clarksville weekly chronicle. (Clarksville, Tenn.) 1873-1890, 1887-01-22
The Short and Long Haul.
Charlottesville, (va.) Chronicle.

The portion of the Interstate Com
merce bill now pending in Congress,
most clamorously, Indignantly opposed
by the railroads and their attorneys in
the Senate and House, is the clause
commonly called the "long and short
haul" provision. This clause simply
provides that railroad passing through
two or more States shall not make a
greater charge for short than long
haul. One would suppose that no rail-
road could object to being compelled to
charge no more for consignment OF
freight say from Charlottesville to Rich
mond than the same freight from Gin
cinnati to Richmond. But so it is.
This is the very thing they most OBJ
ject to. We have heard of an instance
in which merchant of Staunton, find
ing that he could ship bill Of goods
cheaper from Cincinnati to Richmond
and back again to Staunton than to
ship them directly from Cincinnati to
Staunton, Immediately ordered all his
goods from the latter city shipped to
him in that roundabout way. But the
management soon heard OF his little
game and puta stop to tilt is just such
outrageous discrimination as this, and
others as iniquitous, that Congress is
called upon to put a stop to. We are
tearfully told by the city press that the
farmers of the far West, the trade-ceu-
ters and the railroads will all be ruined
if the latter are not allowed to make
up for the losses caused by the sharp
competition on through freight by ex-
orbitant charges on way freight, upon
which there is little or no competition.
Well, if this is the way trade-centres,
railroads and far Western farmers are
to be kept from ruin, we can only say
that the farmers and merchants and
business men generally Of the Middle
and Atlantic States have borne the bur
den as long as they can and will stand
it. The people of the Atlantic and
Middle States ask no favors OF con-
gress or OF the carriers, the creatures of
their will. They only ask the advan-
tages bestowed on them by nature and
their geographical position. OF these
they have been deprived for years by
unscrupulous corporate greed and
power. They do not propose to sub
NIT longer to the wrong.
Clarksville weekly chronicle. (Clarksville, Tenn.) 1873-1890, 1887-01-22

OF the eleven Congressman who will
represent Kentucky in the next Con-
gress, five will be new members and
three will be Republicans. Represen-
tation in the 1st, I'd, 9th, 7th, 9Th and
10th, will remain unchanged. In the
9rd, DR.. Hunter (R) succeeds Hon.
John E. Halsell; in the 4th, Judge
Montgomery takes Col. Tom Robert
sons place; in the 5th, Hon. Albert
Willis; is replaced by Mr.. Caruth
in the 9th, Judge Thomas (R)
takes the place of Hon. w. H. Wards
worth, and in the 11th Judge Finley
succeeds Hon. Frank Wolford. The
new members take their seats on the
4th OF March.
Clarksville weekly chronicle. (Clarksville, Tenn.) 1873-1890, 1887-01-22
Their Business Booming.

Probably no one thing has caused
such general revival of trade at Owen
& Moore's Drug Store as their giving
away to their customers of so many free
bottles OF DR.. Kings New Discovery for
Consumption. Their trade is simply
enormous in this very valuable article
from the fact that it always cures and
never disappoints. Coughs, Colds
Asthma, Bronchitis, Group, and all
throat and lung diseases quickly cured
You can test it before buying by get
ting trial bottle free, large size 81
Every bottle warranted.